Reports of Cases Decided in the Court of Chancery of the State of New Jersey, Volume 32 |
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Page 4
It was so held by the supreme court , on full argument and after careful consideration , in a suit in which the constitutionality of the law on this point was assailed . State , ex rel . Doyle v . Newark , 5 Vr . 236 .
It was so held by the supreme court , on full argument and after careful consideration , in a suit in which the constitutionality of the law on this point was assailed . State , ex rel . Doyle v . Newark , 5 Vr . 236 .
Page 21
The executors , indeed , held the share of Thomas , but , as before stated , he was one of them and his guardian was another . Pains have been taken on the part of the defendants to prove that , though Thomas 0.
The executors , indeed , held the share of Thomas , but , as before stated , he was one of them and his guardian was another . Pains have been taken on the part of the defendants to prove that , though Thomas 0.
Page 53
Held , a question for the jury , whether the plaintiffs meant to forego the prosecution and that defendants signed the bond under that expectation . Also , Alexander v .
Held , a question for the jury , whether the plaintiffs meant to forego the prosecution and that defendants signed the bond under that expectation . Also , Alexander v .
Page 54
Held , that the agreement was void . In Smith v . Rowley , 66 Barb . 502 , the plaintiff's husband was charged by the defendant with embezzling money from him , and she , at her husband's request , and on the implied agreement of the ...
Held , that the agreement was void . In Smith v . Rowley , 66 Barb . 502 , the plaintiff's husband was charged by the defendant with embezzling money from him , and she , at her husband's request , and on the implied agreement of the ...
Page 57
Trippe's decree had then been assigned to Brewster and Murphy , who also held a second mortgage on the premises which had been given to Platt and assigned by him to them . On foreclosure of Brewster's mortgage , -Held , that an ...
Trippe's decree had then been assigned to Brewster and Murphy , who also held a second mortgage on the premises which had been given to Platt and assigned by him to them . On foreclosure of Brewster's mortgage , -Held , that an ...
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according action admitted agreed agreement alleged amount answer appears applied assessments assignment authority Bank benefit bill bond building C. E. Gr cause chancellor charge circumstances claim complainant complainant's consideration contract conveyed corporation costs court creditors death debt decree deed defendant denied directed effect entitled equity evidence executed executors existence fact father filed fraud fund gave give given granted ground hands held husband intended interest invested issue John judgment land leaving legacy lien matter ment mortgage necessary notice obtained owner paid parties payment person possession premises present proceedings proof purchase question reason received relief respect respondent rule says Schenck share sold statute Stew street subsequent suit taken testimony thereof tion trust wife
Popular passages
Page 407 - fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Page 308 - ... contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to or in substitution for such injunction or specific performance, and such damages may be assessed in such manner as the Court shall direct.
Page 37 - And also, all the estate, right, title, interest, dower, and right of dower, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said parties of the first part, of, in, and to the same, and every part and parcel thereof, with the appurtenances...
Page 36 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, and to the same, and every part and parcel thereof with the appurtenances...
Page 433 - This suit is brought under the act "to compel the determination of claims to real estate in certain cases, and to quiet the title to the same.
Page 172 - A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed.
Page 31 - It is clear that a person who seeks to rectify a deed upon the ground of mistake must be required to establish, in the clearest and most satisfactory manner, that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution, and also must be able to show exactly and precisely the form to which the deed ought to be brought.
Page 223 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Page 230 - When the demands of both parties spring out of the same contract or transaction, the defendant may recoup, although the damages on both sides are unliquidated ; but he can only set off when the demands of both parties are liquidated, or capable of being ascertained by calculation.
Page 370 - ... faithfully and impartially to examine the matter in question and' to make a true" report according to the best of their skill and understanding...